Seidl v. Paulu
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: G. N. RisjoRd, Judge. Action to set aside a mortgage release' executed in the name of plaintiff and recorded, but which plaintiff claims is a forgery, and for foreclosure of the mortgage. Judgment was entered for defendant dismissing the complaint. Plaintiff appeals. The appellant is a widow sixty-five years of age.
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Appeal from a judgment of the circuit court for Milwaukee county: G. N. RisjoRd, Judge. Action to set aside a mortgage release' executed in the name of plaintiff and recorded, but which plaintiff claims is a forgery, and for foreclosure of the mortgage. Judgment was entered for defendant dismissing the complaint. Plaintiff appeals. The appellant is a widow sixty-five years of age. One Best, a stock and bond broker and her son-in-law, helped her in attending to her affairs and in large part took charge for her of the transactions here involved. The respondent Emma Paulu was the owner of the…
1Opinion of the CourtJones, J.
The plaintiff alleged in her complaint that the release relied on by defendant was a forgery. To establish this claim plaintiff’s attorney relied on the facts that the interest on the mortgage was paid for more than five years, evidently for the purpose of concealing the fraud, the assertion of Paulu that the original papers relating to the satisfaction had been stolen, and that when inquiry was 'made he disappeared. Reliance is also placed on the positive statement of the plaintiff that she never executed the satisfaction in question, and the statement of her agent that he never saw her sign…
2Cases cited9 opinions
- Wittenbrock v. ParkerCalifornia Supreme Court · 1894
- Chivington v. Colorado Springs Co.Supreme Court of Colorado · 1886
- Blount v. BlountSupreme Court of Alabama · 1909
- Bautz v. AdamsWisconsin Supreme Court · 1907
- City Bank of Portage v. PlankWisconsin Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Michalak v. NowinskiWisconsin Supreme Court · 1936
- Mergener v. FuhrWisconsin Supreme Court · 1926
- Town of Schoepke v. RustickCourt of Appeals of Wisconsin · 2006
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